1-561-514-0900 FREE CONSULTATION
News & Resources

Florida Probate Litigation and Prior Wills

Uncategorized • Jan 11, 2019
post about Florida Probate Litigation and Prior Wills

Can I inherit under prior Florida wills? In Florida, how do I inherit if someone dies without a will?Are you involved in an estate or inheritance lawsuit West Palm Beach where someone is contesting a will? Do you have a relative whose estate is about to pass through intestacy? What is the doctrine of dependent relative revocation? 

Prior Florida Wills

  • Are you involved in a Florida estate or inheritance lawsuit in Florida where someone is attacking a will or trust?
  • Probate attorneys West Palm Beach know that, often, people contest amendments to a trust.
  • Revocable trusts and living trusts are very common in Florida and, sometimes, family members attack the validity of a trust.
  • If you are involved in this type of lawsuit, you want to ask your attorney if they know about the doctrine of dependent relative revocation.
  • What happens if a Florida will or trust is declared to be invalid by a probate judge Delray Beach?
  • When would a Florida will be invalid?
  • Perhaps, someone executed it without the required mental capacity to know what they were signing.
  • If a person’s will is deemed invalid, that person may be thought to have died without a will.
  • If so, Florida intestacy laws may apply.
  • Intestacy laws tell us who inherits your property if you die without a will in Florida.
  • Probate litigators Palm Beach know that the people who inherit under these laws are typically your heirs.

In re Estate of Murphy

  • In this case, a woman died at the age of 107 leaving 12 million dollars. 
  • She left the majority of her estate to her long time attorney.
  • A family member filed a will contest based on undue influence.
  • After a probate trial, the Court decided the will was invalid and that her Florida estatewould pass through intestacy.
  • On appeal the Second District Court noted that the trial court had made an error and ignored the doctrine of dependent relative revocation.
  • What is the doctrine of dependent relative revocation?
  • It is a legal doctrine that revives prior wills and trusts and gives them effect.
  • As a result, her old will should be revived.
  • There is a presumption in Florida that, if this doctrine is plead properly,the person who passed away does not want to die intestate or without a will.
  • Instead, he or she would rather have her property pass under a prior will.
  • This presumption is rebuttable.
  • You should talk to your probate litigator West Palm Beach, or your Florida probate lawyer, about whether the doctrine of prior wills can help you in your inheritance lawsuit.
  • Check out the entire case by clicking here.

Want to know more about Florida probate litigation? Consider these free resources: